Telecom - Procedural Letter addressed to Rogers Communications Canada Inc. and IronGate Developments


Ottawa, 11 May 2021

Our reference: 8622-R28-202102862


Ms. Pamela Dinsmore
Vice President, Regulatory
Rogers Communications Canada Inc.

Mr. Stephen Brittain
IronGate Developments
4 Brittain Lane
Rothesay, New Brunswick  E2H 0A8

RE: Part 1 Application filed by Rogers Communications Canada Inc. (Rogers) for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) development known as Telegraph Square and to future MDU developments of IronGate Developments (IronGate)

Dear Ms. Dinsmore and Mr. Brittain,

On 6 May 2021, the Commission received an application from Rogers Communications Inc. (Rogers), filed pursuant to Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Practice and Procedure). In its Application, Rogers is seeking relief from what it submitted was its ongoing inability to obtain timely access to the MDU developments of Iron Gate Developments (Iron Gate) on reasonable terms and conditions; specifically, the development known as Telegraph Square (the MDU), located in Saint John, New Brunswick. Rogers indicated that it served this application on IronGate.

In its application Rogers also submitted that the installation of wiring and other facilities at the MDU by a competitor has either already taken place or will take place within the next 30 days. Rogers submitted that it is imperative that it obtain access to the MDU during the construction period and provide choice to the residents upon occupancy. For that reason, Rogers has requested that the Commission dispose of the application on an expedited basis, in order to implement the relief requested by Rogers. Specifically, Rogers requested that the Commission modify its procedures to provide Iron Gate and interested parties ten days to comment on its application; Rogers would be prepared to file its reply within five days following the initial comment period.

Commission staff is of the view that an expedited process to consider Rogers’ application is in the public interest. Therefore, Commission staff is setting out the below process for the review of Rogers’ application:

  1. IronGate may respond to, and any person may comment on, Rogers’ Application by no later than 21 May 2021. Should IronGate decide not to file an answer to Rogers’ application, Iron Gate is requested to provide confirmation of same to the CRTC in writing, by no later than 21 May 2021.
  2. Rogers may file a reply to IronGate’s response and to any other interventions received, by no later than 26 May 2021.

In addition to filing its answer with the Commission, and as set out in in paragraph 26(2)(k) of the Rules of Practice and Procedure, IronGate’s response must be served on the applicant (i.e., Rogers). The responsibility for serving Rogers with a copy of IronGate’s answer rests solely with IronGate; the Commission does not distribute copies of documents to parties on behalf of other parties. Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

All submissions to the CRTC must be filed in accordance with the procedures and steps set out on the CRTC’s website, including ensuring that all correspondence is addressed to Mr. Claude Doucet, Secretary General. All documents filed with the CRTC must be submitted electronically, via My CRTC Account. If you have not yet obtained a My CRTC Account, call 1-866-393-0932 between the hours of 7 AM and 5 PM (Eastern Time) to obtain an activation code and a GC Key; the above-referenced telephone number is also the number to call to obtain any required support when filing documents with the CRTC. Clicking on the following link will take you to the page on the CRTC’s website containing instructions for obtaining a My CRTC Account, as well as instructions for filing documents:

Submitting applications and other documents to the CRTC using My CRTC Account | CRTC

In closing, Commission staff advises IronGate that, as set out in Telecom Decision 2003-45Footnote1, the Commission established principles for the provision of telecommunications services by local exchange carriers (LECs), such as Rogers, to end-users in MDUs. These principles stipulate, among other things, that LECs should be given access to MDUs during the construction phase, as required for the purpose of installing telecommunications facilities. This enables LECs to have service available upon occupancy, to minimize disruption, and to avoid the additional costs associated with the installation of facilities after completion of the MDU. Further, the Commission established that the provision of telecommunications service by a LEC in an MDU is subject to the condition that all LECs wishing to serve end-users in that MDU are able to access end-users in that MDU on a timely basis, by means of resale, leased facilities, or their own facilities, at their choice, under reasonable terms and conditions.


Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Peter Kovacs, Rogers Communications Canada Inc.
Rudy Rab, CRTC,

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